What's happening
This bill ensures that adoption petitions cannot be denied solely because the petitioner's parentage is already legally recognized in New York.
Why it matters
Affirms the right to seek adoption even when legal parentage already exists. This bill explicitly allows individuals whose parentage is already recognized by New York law to still pursue an adoption, ensuring families can formalize relationships through adoption regardless of prior legal recognition.
Addresses practical and symbolic needs for families. Some families—such as those formed through assisted reproduction, surrogacy, or same-sex partnerships—may seek adoption for additional legal security or symbolic affirmation, even if parentage is already established.
Prevents unnecessary barriers and discrimination. By prohibiting denial of adoption petitions solely due to existing legal parentage, the bill aims to eliminate redundant legal hurdles and possible discrimination, supporting diverse family structures in New York.
Provides potential benefits in cross-jurisdictional situations. Adoption orders may be more widely recognized across state and national borders than parentage determinations, so this bill could help families ensure their legal relationships are respected outside New York.
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Who cares
Headline styles
Protect Legally-Recognized Parent Rights
Plain English, a few words. Used as the page title.
Sponsors
3 Co-sponsors
History
- Substituted by A460
- Ordered to third reading cal.351
- Committee discharged and committed to rules
- Referred to children and families
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Allow Adoption If Parent Recognized
Signed by Governor · Sponsor Amy Paulin
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3999
2019-2020 Regular Sessions
IN SENATE
February 22, 2019
Introduced by Sens. HOYLMAN, LANZA -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families
AN ACT to amend the domestic relations law, in relation to adoption by a petitioner where such petitioner's parentage is legally-recognized
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 110 of the domestic relations law is amended by adding a new closing paragraph to read as follows:
A petition to adopt, pursuant to the terms of this article, where the petitioner's parentage is legally-recognized under New York State law shall not be denied solely on the basis that the petitioner's parentage is already legally-recognized.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00615-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the domestic relations law, in relation to adoption by a petitioner where such petitioner's parentage is legally-recognized
Purpose or general idea of bill
To explicitly codify in statute that a petition to adopt, where the petitioner's parentage is legally-recognized under New York State law, shall not be denied solely on the basis that the petitioner's parentage is already legally-recognized.
Summary of specific provisions
Section one amends section 110 of the domestic relations law to provide that a petition to adopt, where the petitioner's parentage is legally- recognized under New York State law shall not be denied solely on the basis that the petitioner's parentage is already legally-recognized.
Section two provides the effective date.
Justification
Under existing New York law, judges already have the ability to grant an adoption of a child by a petitioner whose parentage is already legally- recognized. These adoptions are routinely granted and can be very impor- tant for many same-sex couples and their children.
While the spouse of a woman who gives birth to a child is presumed to be the child's parent, same-sex couples find themselves in a legally precarious position when traveling in places that do not fully respect the rights of non-biological parents even when they are married. A New York adoption would be honored in another jurisdiction, and afforded full faith and credit. This gives children the security that both their parents will be legally recognized wherever family members may be.
Already under existing law, judges may and routinely do grant these adoptions. Despite this clear legal authority, a Surrogate's Court in Brooklyn recently denied a married same-sex couple an adoption. This bill further codifies the existing law to explicitly state that a peti- tion to adopt shall not be denied solely on the basis that the petitioner's parentage is already legally-recognized. This bill ensures that couples' access to such adoptions could not be fettered by future court decisions.
Prior legislative history
2017-18: S.5142 (Died in Rules)
Fiscal implications
None.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.